Vicarious Liability

Question 1

Reason for VL

Answer 1

Various claimants v Catholic Child Welfare
- D more liekly to compensate than T
- D created risk of tort by asking T to do work
- Work is for d’s benefit
- D retain some control over T actions
- Work likely integral to D’s business

Question 2

Salmond test for unintentional torts

Answer 2

Committed by employee
In course of employment

Question 3

By employee - control

Answer 3

1. control - who has right to control actions
   Yewen - master right to control servant
   Mersey docks - temp workers, general employer liable
   Hawley - borrowed workers

Question 4

By employee - integration

Answer 4

contract of service (liable) v contract for services (not liable)
SJH v ME -> employee if work is integral

Question 5

By employee - economic reality

Answer 5

ready mix concrete -wages, control, sick pay, holiday
market investigations - not one single test
viasystems - two employers could share

Question 6

Acts in course

Answer 6

authorized acts - poland
close to job description - london v cattermoles
doing what employed in unauthorized or careless way - limpus / century insurance
employer benefits - rose

Question 7

Not in course

Answer 7

Not in scope of employment (beard)
against specific orders (iqbal)
on a frolic - hilton
no benefit - twine

Question 8

Criminal torts - akin to employment

Answer 8

cox - t doing activity on behalf of D
- activity likely to be part of D’s business
- d created risk of tort
- some liability for independent contractors
Barclays bank - still no liability for independent contractors

Question 9

Close connection between tort and employment

Answer 9

Lister - asks 1. What field of activities entrusted to D
2. is there close connection between field of activities and T’s actions
Mohamud - racially motivated attack